As used in this chapter, the following terms shall have the
meanings indicated:
MOTORCYCLE
Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three wheels in
contact with the ground, but excluding a tractor (as defined by § 123
of the Vehicle and Traffic Law).
OFF-ROAD VEHICLES
All-terrain vehicles (sometimes known as "ATVs"), as that
term is defined in § 2281, Subdivision 1, of the New York
State Vehicle and Traffic Law, off-highway motorcycles, as that term
is defined in § 125-a of the New York State Vehicle and Traffic
Law, motocross or dirt bikes, dune buggies, go-carts, gas buggies
and any and all other types of motorized trail bikes or motorized
vehicles that are manufactured and equipped for sale or operation
primarily on off-highway trails or for off-highway competitions, and
which may not be operated lawfully on public highways, except under
the limited circumstances authorized and prescribed by the New York
State Vehicle and Traffic Law.
OPERATE
To ride in or on, other than as a passenger, or use or control
the operation of an off- road vehicle in any manner, whether or not
the off-road vehicle is under way.
PUBLIC HIGHWAY
Any public highway, road, alley, street, avenue, path, or
other public way.
PUBLIC PROPERTY
Any public place (including streets, roadways and pedestrian
walkways), driveway, lot, facility, path, trail, park, or other public
property in the Town of Niskayuna.
SNOWMOBILE
A self-propelled vehicle designed for travel on snow or ice,
steered by skis or runners and supported in whole or in part by one
or more skis, belts or cleats (as defined by § 21.05, Subdivision
3, of the Parks and Recreation Law).
The purpose of this chapter is to protect the public health,
welfare, safety, peace and tranquility by regulating the operation
of off-road vehicles (as defined herein), motorcycles and snowmobiles
within the Town of Niskayuna. It is also the purpose of this chapter
to prevent those individuals who wish to use and operate off-road
vehicles, motorcycles, and snowmobiles within the Town of Niskayuna
from trespassing on public or private property, from annoying inhabitants
and from creating a public nuisance.
It shall be unlawful for any person to operate an off-road vehicle,
motorcycle or snowmobile in or upon any public place, except that
duly registered motorcycles may be operated in accordance with law
in or upon any public street, road or highway other than a walkway
situated within a public place, and snowmobiles may be operated by
authorized agencies or during emergencies as defined by the Parks
and Recreation Law.
The Town of Niskayuna Police Department or any other peace or
police officer shall enforce the provisions of this chapter. This
chapter shall be interpreted and enforced in a manner consistent with
and in addition to the provisions of the New York State Vehicle and
Traffic Law, insofar as New York State law permits. In case of direct
conflict or preemption, New York State law shall take precedence.
If any clause, sentence, paragraph, or part of this chapter
or application thereof to any person or circumstances shall be judged
by any court to be invalid, such judgment shall not affect, impair,
or invalidate the remainder of this chapter, or the application thereof
to other persons and circumstances, but shall be confined in its operation
to the clause, sentence, paragraph, or part thereof and the persons
or circumstances directly involved in the controversy in which the
judgment shall have been rendered.